Co-operatives National Law (Victoria) Local Regulations 2014
S.R. No. 3/2014
table of provisions
RegulationPage
RegulationPage
1Objectives
2Authorising provision
3Commencement
4Definitions
5Unsuitable names for co-operatives
6Exemption from restriction on corporations registering a name including the word co-operative or similar words
7Exemption from restriction on use of word cooperative or similar words
8Application for transfer
9Examination of involved person
10Procedures regarding giving of exemptions
11Prescribed fees
12Infringement penalties
13Model rules for government guarantee co-operatives
14Co-operative may continue to operate under old rules
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SCHEDULES
SCHEDULE 1—Prescribed Fees
SCHEDULE 2—Prescribed Infringement Offences and Penalties
SCHEDULE 3—Model Rules for Co-Operatives Supported by Government Guarantees
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ENDNOTES
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S.R. No. 3/2014
Co-operatives National Law (Victoria) Local Regulations 2014
statutory rules 2014
S.R. No. 3/2014
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S.R. No. 3/2014
Co-operatives National Law (Victoria) Local Regulations 2014
Co-operatives National Law Application Act 2013
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S.R. No. 3/2014
Co-operatives National Law (Victoria) Local Regulations 2014
Co-operatives National Law (Victoria) Local Regulations 2014
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S.R. No. 3/2014
Co-operatives National Law (Victoria) Local Regulations 2014
The Governor in Council makes the following Regulations:
Dated: 18 February 2014
Responsible Minister:
HEIDI VICTORIA
Minister for Consumer Affairs
YVETTE CARISBROOKE
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are to prescribe—
(a)certain matters for the purposes of the Cooperatives National Law (Victoria) and the Co-operatives National Regulations (Victoria); and
(b)fees payable under the Co-operatives National Law (Victoria) and the Cooperatives National Regulations (Victoria); and
(c)offences under the Co-operatives National Law (Victoria) as infringement offences and prescribe penalties for those infringement offences; and
(d)savings and transitional provisions for matters arising as a result of the enactment of the Co-operatives National Law Application Act 2013.
2Authorising provision
These Regulations are made under sections 28 and29 of the Co-operatives National Law Application Act 2013.
3Commencement
r. 2
These Regulations come into operation on 3March 2014.
4Definitions
In these Regulations—
theActmeans the Co-operatives National Law Application Act 2013.
5Unsuitable names for co-operatives
For the purposes of section 220(5) of the Cooperatives National Law (Victoria) and regulation 3.7 of the Co-operatives National Regulations (Victoria), a name is to be regarded as an unsuitable name if the Registrar is satisfied that it is likely to mislead.
6Exemption from restriction on corporations registering a name including the word co-operative or similar words
(1)For the purposes of section 220(7) of the Cooperatives National Law (Victoria), a corporation is exempt from section 220(4) of the Co-operatives National Law (Victoria) if the corporation is—
(a)a company that is permitted to use the expression building society, credit union or credit society under section 66 of the Banking Act 1959 of the Commonwealth; or
(b)a company that is a friendly society for the purposes of the Life Insurance Act 1995 of the Commonwealth; or
(c)a company or society formed or incorporated under any other Act before the commencement of the Co-operation Act 1953; or
(d)a corporation that is allowed under an Act to use the word "co-operative" or the abbreviation "co-op" in its name; or
(e)a corporation that is exempted by the Registrar by written notice from the operation of section 220(4) and that complies with any conditions to which that exemption is made subject.
(2)An exemption granted under subregulation (1)(e) may be limited as to time.
(3)The Registrar may vary the conditions of an exemption granted under subregulation (1)(e), or revoke the exemption by written notice to the corporation.
7Exemption from restriction on use of word cooperative or similar words
r. 7
(1)For the purposes of section 225(2) of the Cooperatives National Law (Victoria), a person is exempt from section 225(1) of the Co-operatives National Law (Victoria) if the person is—
(a)a company that is permitted to use the expression building society, credit union or credit society under section 66 of the Banking Act 1959 of the Commonwealth; or
(b)a company that is a friendly society for the purposes of the Life Insurance Act 1995 of the Commonwealth; or
(c)a company or society formed or incorporated under any other Act before the commencement of the Co-operation Act 1953; or
(d)a corporation that is allowed under an Act to use the word "co-operative" or the abbreviation "co-op" in its name; or
(e)a person that is exempted by the Registrar by written notice from the operation of section 225(1) and that complies with any conditions to which that exemption is made subject.
(2)An exemption granted under subregulation (1)(e) may be limited as to time.
(3)The Registrar may vary the conditions of an exemption granted under subregulation (1)(e), or revoke the exemption by written notice to the person.
8Application for transfer
r. 8
For the purposes of section 403(b) of the Cooperatives National Law (Victoria), a cooperative may apply to become registered, incorporated or otherwise established as a corporation under—
(a)theAssociations Incorporation Reform Act 2012; or
(b)the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth; or
(c)any legislation of the Commonwealth that provides for the incorporation of a building society, credit union or friendly society.
9Examination of involved person
(1)For the purposes of section 522(4) of the Cooperatives National Law (Victoria), the prescribed allowances to which an involved person is entitled are—
(a)for persons ordinarily receiving wages, salary, remuneration or fees—for each hour, or part of an hour, of attendance, the amount of wages, salary, remuneration or fees actually lost because of the person's attendance, but not exceeding $600 per day; or
(b)in any other case—the actual expenditure incurred (other than expenses to which the person is entitled under subregulation (2)), but not exceeding $150 for any one day.
(2)For the purposes of section 522(4) of the Cooperatives National Law (Victoria), the prescribed expenses to which an involved person is entitled are—
(a)for travelling expenses to and from a person's usual place of residence or business and the place of attendance—
r. 9
(i) the amount actually paid; or
(ii)an amount calculated at 18 cents per kilometre travelled—
whichever is the lesser; and
(b)for accommodation and meals, if a person is required to be absent overnight from the person's usual place of residence—
(i) the amount actually paid; or
(ii)an amount not exceeding $220 for any one night—
whichever is the lesser.
10Procedures regarding giving of exemptions
r. 10
For the purposes of section 621 of the Cooperatives National Law (Victoria), an application for an exemption must be made—
(a)in writing; and
(b)within a reasonable time before the event or the occurrence of the matter for which the exemption is sought.
11Prescribed fees
(1)For the purposes of a provision of the Cooperatives National Law (Victoria) specified in Column 2 of Schedule 1, the prescribed fee is the amount specified in Column 4 of that Schedule.
(2)For the purposes of regulation 1.4(5) of the Cooperatives National Regulations (Victoria), the prescribed fee is 19·5 fee units.
(3)For the purposes of regulations 5(1)(e) and 6(1)(e) of these Regulations, the prescribed fee is 19·5 fee units.
(4)The Registrar may waive, reduce or refund any fee payable under the Co-operatives National Law (Victoria) and Co-operatives National Regulations (Victoria) if, in the opinion of the Registrar, there are special circumstances that apply.
12Infringement penalties
(1)For the purposes of section 27(1) of the Act, an offence committed against a provision of the Cooperatives National Law (Victoria) specified in Column 2 of Schedule 2 is prescribed as an infringement offence.
(2)For the purposes of section 27(3) of the Act, the prescribed infringement penalty for an offence against a provision specified in Column 2 of Schedule 2 is the amount specified in Column 4 of that Schedule.
(3)A description of an offence in Column 3 of Schedule 2, opposite a provision specified in Column 2, is for convenience of reference only and is not to be taken to affect the nature or elements of the offence to which it refers or the operation of these Regulations.
13Model rules for government guarantee co-operatives
r. 13
For the purposes of section 28A of the Act, the model rules for a co-operative in respect of which a government guarantee exists under Division 6 of Part 3 of the Co-operatives Act 1996 are those prescribed by Schedule 7 to the Cooperatives National Regulations (Victoria), subject to the modifications prescribed by Schedule 3.
Note
Due to section 37 of the Act, the repeal of the Cooperatives Act 1996 does not affect the operation of Division 6 of Part 3 of that Act and that Division continues to operate as if that Act had not been repealed.
14Co-operative may continue to operate under old rules
(1)Subject to subregulation (2), a co-operative may continue to operate under the rules applying to that co-operative which were immediately in force before the commencement of the Act (old rules).
(2)While a co-operative is operating under old rules—
(a)if there is any inconsistency between a provision of the old rules and the Act, the Cooperatives National Law (Victoria), the Co-operatives National Regulations (Victoria) or these Regulations, the provision of the Act, the Co-operatives National Law (Victoria), the Co-operatives National Regulations (Victoria) or these Regulations prevail;
r. 14
(b)if there is any reference in the old rules to a requirement contained in the Co-operatives Act 1996 or the Co-operatives Regulations 2008, that reference is to be read as a reference to the equivalent requirement contained in the Act, the Cooperatives National Law (Victoria), the Co-operatives National Regulations (Victoria) or these Regulations;
(c)if there is any reference in the old rules to the co-operative being a trading co-operative, that reference is to be read as a reference tothe co-operative being a distributing cooperative, and if there is any reference tothe co-operative being a non-trading cooperative, that reference is to be read as areference to the co-operative being a nondistributing co-operative.
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SCHEDULES
SCHEDULE 1
Regulation 11
Sch. 1
Prescribed Fees
Column 1Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
1 / section 23(1)(a) / Submission of draft rules to the Registrar before the formation meeting / 5·5 fee units
2 / section 23(1)(b) / Submission of a draft formation disclosure statement to the Registrar / 19·5 fee units
3 / section 26(1)(b)(ii) / Application for registration of a proposed cooperative / 2·2 fee units
4 / section 31(b)(ii) / Application for registration of existing corporation / 2·2 fee units
5 / section 37(b)(ii) / Issue of duplicate certificate / 2·2 fee units
Column 1
Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
6 / section 60 / Application to the Registrar for an amendment of rules requiring prior approval of the Registrar / 5·5 fee units
7 / section 63(2) / Application for registration of an amendment of the rules / 2·2 fee units per rule up to a maximum fee of 11·6 fee units
8 / section 63(4) / Application for certificate of rule change / 2·2 fee units
Sch. 1
9 / section 71 / Application for exemption from disclosure statement requirements for distributing cooperatives / 5·5 fee units10 / section 82(3)(a) / Application to register a disclosure statement to accompany a proposal to require a member to take up or subscribe for additional shares / 19·5 fee units
Column 1
Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
11 / section 119(4) / Application to extend the period during which a cooperative cancarry on business with fewer than the minimum number of members / 19·5 fee units
12 / section 152(3) / Application to determine a member's eligibility to vote / 19·5 fee units
Sch. 1
13 / section 171 / Application for exemption from provisions relating to the entitlements of former members of distributing co-operatives / 19·5 fee units14 / section 213(1)(d) / Application to keep the cooperative's register at a location approved by the Registrar / 5·5 fee units
Column 1
Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
15 / section 221(1) / Application to omit the word Limited or the abbreviation Ltdfrom the name of a cooperative / 11·6 fee units
16 / section 222(e) / Application to use an abbreviation or elaboration of the name of a co-operative / 5·5 fee units
17 / section 224 / Application to change the name of a cooperative / 19·5 fee units
Sch. 1
18 / section 226(6) / Application for an exemption from the requirements of section 226(3) of the Cooperatives National Law (Victoria) / 5·5 fee units19 / section 233(2) / Application for a review by the Registrar of a member's right to vote / 19·5 fee units
20 / section 243(2)(c)(ii) / Filing fee for registration of each special resolution / 5·5 fee units per resolution up to a maximum fee of 11·6 fee units
Column 1
Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
21 / section 244(3) / Application for a certificate of registration of a special resolution / 2·2 fee units
22 / section 248(3) / Application for the approval of a disclosure statement for the purpose of a special postal ballot / 19·5 fee units
Sch. 1
23 / section 289 / Lodgement of annual report bylarge cooperative / 19·5 fee units24 / section 293 / Lodgement of annual return bysmall cooperative / 5·5 fee units
25 / section 316 / Application for an exemption relating to an individual cooperative / 19·5 fee units
26 / section 319 / Application for an exemption relating to nonauditors and former members of audit firms or companies / 19·5 fee units
Column 1
Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
27 / section 322 / Application for an exemption from the Cooperatives National Regulations (Victoria) / 19·5 fee units
28 / section 337 / Lodgement of disclosure documents for issue of debentures required for the purposes of the Corporations application legislation applied by section 337 ofthe Cooperatives National Law (Victoria) / 171·2 fee units
Sch. 1
29 / section 337 / Application for exemption or modification of disclosure provisions under Chapter 6D of the Corporations Act 2001 as applied by section 337 ofthe Cooperatives National Law (Victoria) / 84 fee unitsColumn 1
Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
30 / section 338(3) / Application for the approval of a disclosure statement concerning the issue of debentures / 19·5 fee units
31 / section 343(3)(a) / Application to the Registrar for approval of a disclosure statement concerning a compulsory loan by members to a co-operative / 19·5 fee units
32 / section 343(10) / Application to the Registrar for an exemption from section 343 of the Cooperatives National Law (Victoria) / 19·5 fee units
33 / section 350 / Application to the Registrar forapproval of the issue of Cooperative Capital Units / 19·5 fee units
Sch. 1
Column 1Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
34 / section 359(3) / Application to the Registrar for an exemption from provisions concerning the acquisition and disposal of assets of the cooperative / 19·5 fee units
35 / section 363(2) / Application for an exemption from provisions concerning the maximum permissible level of share interest / 19·5 fee units
36 / section 372 / Application for an exemption from the operation of Division 1 of Part 3.5 of the Co-operatives National Law (Victoria) / 19·5 fee units
37 / section 374(1)(b) / Application for an approval of share offers towhich Division2 of Part 3.5 of the Co-operatives National Law (Victoria) apply / 171·2 fee units
Sch. 1
Column 1Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
38 / section 376(5) / Application to the Registrar to extend the time permitted for the Board to consider a share offer of the kind specified in section 373(1) of the Cooperatives National Law (Victoria) / 19·5 fee units
39 / section 380 / Application for an exemption from the operation of Division 2 of Part 3.5 of the Co-operatives National Law (Victoria) / 84 fee units
40 / section 396(2) / Application to the Registrar for consent to the procedure for a proposed merger or transfer of engagements / 5·5 fee units
Sch. 1
Column 1Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
41 / section 397(2) / Application for approval of a disclosure statement concerning a proposed merger or transfer of engagements / 19·5 fee units
42 / section 397(4) / Application for an exemption from the requirement for a disclosure statement concerning a proposed merger or transfer of engagements / 19·5 fee units
Sch. 1
43 / section398(1) / Application for the approval of a merger or transfer of engagements / 5·5 fee units44 / section 404(4) / Application for an exemption from the requirements that must be met before an application can be made for a transfer of incorporation / 19·5 fee units
Column 1
Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
45 / section 416(1)(a) / Application to the Registrar for permission for a shorter notice period to the Registrar of the hearing of an application for a binding compromise or arrangement / 2·2 fee units
46 / section 418(1)(f) / Application for an exemption from the prohibition on an officer or promoter of a cooperative or related corporation being appointed to administer a compromise or arrangement / 19·5 fee units
47 / section 424(1)(b) / Application to the Registrar for a statement that the Registrar has no objection to a compromise or arrangement / 19·5 fee units
Sch. 1
Column 1Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
48 / section 425(4) / Filing of an office copy of an order made by the Supreme Court under section 425 ofthe Cooperatives National Law (Victoria) with the Registrar / 2·2 fee units
49 / section 428(1) / Application for the approval of an explanatory statement / 84 fee units
50 / section 445(3) / Application for an exemption from compliance with the restrictions placed on voluntary winding up / 19·5 fee units
Sch. 1
Column 1Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
51 / section 453 / Application to the Registrar to exercise powers under Corporations application legislation relating to deregistered cooperatives asapplied under section 453 ofthe Cooperatives National Law (Victoria) / 19·5 fee units
52 / section 476(2)(a) / Application to the Registrar for consent to a proposed procedure for approving a merger or transfer of engagements involving a participating cooperative / 5·5 fee units
Sch. 1
Column 1Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
53 / section 477(2) / Application for approval of a disclosure statement concerning a merger or transfer of engagements involving a participating cooperative / 19·5 fee units
54 / section 477(4) / Application for an exemption from the requirement for a disclosure statement for a merger or transfer of engagements involving a participating cooperative / 19·5 fee units
Sch. 1
55 / section 478(1) / Application for approval of a merger or transfer of engagements that involves a participating cooperative / 19·5 fee units56 / section 531(1)(a) / Application to the Registrar to call a special meeting / 19·5 fee units
Column 1
Item / Column 2
Provision of
Co-operatives National Law (Victoria) / Column 3
Description / Column 4
Prescribed Fee
57 / section 531(1)(b) / Application to the Registrar to hold, or appoint an inspector to hold, an inquiry / 37·4 fee units
58 / section 588 / Application to the Registrar for certificate evidence / 5·5 fee units
59 / section 601(1)(a) / Inspection of register of cooperatives / 2·2 fee units
60 / section 601(1)(b) / Inspection of document kept by Registrar / 2·2 fee units
61 / section 601(1)(c) / Obtaining extract from register of cooperatives / 2·2 fee units
Sch. 1